Guy Ohayon v. Eric Holder, Jr.

MEMORANDUM

Petitioner Guy Afek Ohayon seeks review of a Board of Immigration Appeals’ (“BIA”) order affirming the decision of an immigration judge (“IJ”) ordering Ohayon removed from the United States. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Where, as here, the BIA summarily affirms the IJ without an opinion, we review the IJ’s decision. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). Ohayon was charged with two grounds of removability: unauthorized employment in violation of 8 U.S.C. § 1227 (a)(1)(C)(i); and overstaying a visa in violation of § 1227(a)(1)(C)(ii). In his opening brief, Ohayon challenges the visa overstay charge on due process grounds. Ohayon, however, does not challenge the unauthorized employment charge, which he admitted before the IJ. In light of Ohayon’s failure to address this alternate ground of removal, we need not reach his challenge to the visa overstay charge because the unauthorized employment charge alone is sufficient to support removal. See Haile v. Holder, 658 F.3d 1122, 1130 (9th Cir.2011) (denying a petition for review where an alien failed to address an alternate ground for the BIA’s holding). In his…